Laws, Rules, and Regulations to Follow When Staking a Gold Claim

Before staking a gold mine claim or a gold panning claim, you need to know the laws, rules, and regulations that apply.  Learning them in advance can save you a lot of time and aggravation.   While the following is not a comprehensive list, it’s enough to answer important questions for you and keep you out of trouble!

Who can stake a claim?

A person who is a citizen of the United States of America or has declared an intention to become a citizen with the Immigration and Naturalization Service may locate and hold a mining claim or site.  A corporation organized under State law is considered a citizen and may locate and hold a mining claim or site.  A corporation is held to the same standards as a citizen.

Who oversees mining claims and activities?

The Bureau of Land Management (BLM) handles the exploration and mining claims and for all federally-administered lands including the National Forest System.  These activities are controlled by the regulations of the Secretary of the Interior.

Are there state laws in addition to the federal laws?

Many states have their own mining and reclamation laws which include public lands. Many also have their own environmental laws to regulate air, water pollution, and the use of hazardous materials. Some states, like California, Oregon, and Alaska, require a permit for use of suction dredges. Similarly, construction activities usually require meeting the standards of a county code, as well as state public health and safety standards.

Claims may not be staked on state-owned land. State law also does not permit prospecting on state land without a prospecting permit. However, you can apply for a mineral prospecting lease and a mining contract on state lands. For placer prospecting and placer mining on state land, you must obtain a placer mining lease.  Permit applications are available from the Department of Natural Resources.

Can I build a cabin on my claim?

Building a structure on your claim simply for recreation or purposes other than mining is illegal.  However, it is possible to get a permit under certain circumstances.

According to the BLM, you may not construct permanent structures, mobile structures, or store equipment without the prior approval of an authorized Federal official. Intermittent or casual mineral exploration and development do not normally justify the use of such structures.  If you live on a mining claim or site, the occupation must be justified as reasonably incident to mining and exploration and that no other reasonable options for shelter are available while working the claims. The occupation must be authorized by the proper field office through a notice or plan of operations. There are severe penalties for unauthorized residences and occupancies.

What rights to the land does an unpatented mining claim provide?

Your rights are only to the locatable minerals and whatever surface materials and timber you require for your mining operation. Public Law 167 (Multiple Use on Mining Claims) allows the government to manage or dispose of forage crops and common stone on unpatented mining claims. Grazing and logging by others is allowed as long as they do not interfere with your mining operations.  Unfortunately there is still a moratorium against patented mining claims which would give you complete rights over the land.

Can I stake a claim on privately-owned land?

You cannot stake a claim on private land. The current owner of the land may not own the minerals. Mineral rights are sometimes retained by landowners when they sell their property. A title search is commonly necessary in order to determine who owns the minerals on a piece of property. 

Permission to prospect on private land must be obtained from the owner of the surface rights. If minerals are discovered, you will need to negotiate with the owner(s) of the surface and mineral rights before you can mine.

What if I want to buy, sell, or abandon my claim?

Your legal interest in a properly-recorded mining claim or site may be conveyed in its entirety or in part.  Generally, a quitclaim deed or other type of recordable conveyance document (this is governed by State law) is needed for this transfer of legal interest.  

If you abandon a mining claim or site or relinquish it to the Federal Government, you should file a notice with the proper county or borough office and the BLM State Office.  No particular form is required; a letter is acceptable. Be sure to include the claim or site name and the BLM serial number. There is no charge to file these documents.

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